Lisbeth Garrett sentenced to 45 years in prison

Lisbeth Garret was sentenced to 45 years in prison Thursday by the same jury of nine men and three woman who found her guilty Wednesday in her estranged husband's death.(Photo: RUBEN R. RAMIREZ/EL PASO TIMES)Buy Photo

A 76-year-old woman was sentenced Thursday to 45 years in prison after being convicted of murder in connection with the 1977 death of her estranged husband.

Lisbeth Garret was sentenced by the same jury of nine men and three woman who found her guilty Wednesday. They took less than two hours to decide her punishment. She was convicted of murder in the death of Fort Bliss Army Maj. Chester Garrett almost 40 years ago.

Lisbeth Garrett was facing a maximum sentence of 99 years in prison and a fine of as much as $10,000. No fine was given to Lisbeth Garrett.

Patrick Garrett, Lisbeth and Chester Garrett’s son, provided new information on the case in 2013 that allowed the El Paso County Sheriff's Office to reopen the case. He said it was a difficult week, but he was happy to finally have justice for his father.

“It is very bittersweet. It really is, but it’s been a long time coming,” Patrick Garrett said after the trial. “Justice was served for my father and that is the main thing. That is what it was all about. I wish I had done it a little earlier.”

He added, “I tried to say goodbye (to Lisbeth Garrett), but she doesn’t want to talk to me, so this is it for me. I can get on with my life and close this chapter in my life and get on with the next chapter.”

Patrick Garrett provided key testimony in the trial on the events on the night of his father’s death and the days that followed.

“That was a difficult deal,” Patrick Garrett said after the trial. “It is difficult to testify against anybody in a murder trial, but when it's your family, it is very tough. Especially when they are looking at you like they want to put you six feet under the ground, but it was necessary and I did what I had to do.”

Several life events, including the deaths of his two sons, brought Patrick Garrett to the point where he felt he needed to contact law enforcement about his father's death.

“I found out about this when my brother confessed to me back in 1990 and I had a little one on the way and a new wife. I just couldn't do it at the time ... plus mom scared the crap out of me,” Patrick Garrett said after the trial. “You don’t understand. She was not the little 76-year-old woman at that time. You don’t cross her or you disappear.”

He added, “It just wasn’t the time. It took the death of my son (in 2009) and the death of my stepson a year later, and when I found my faith, I knew what I had to do. It took about a year before I got my faith and then I knew what I had to do. It just became so clear, and my faith tells me that knowing what I did, if I didn’t do anything about it, I wouldn't be going to heaven, and I want to see my boys again and I want to see my father.”

The trial was held in the 168th District Court with Judge Marcos Lizarraga presiding.

"What the jury has found that you did, your finding of guilty, I just wanted to comment to you that nobody, regardless of their standing in the community or qualifications or service to our country, deserves to die in the manner that Major (Chester) Garrett did. That’s my opinion and this now concludes the punishment portion of the trial.”

Prosecutor James Montoya said he was happy with the jury's decision and that the sentence was fitting for the crime.

"We are very pleased with the verdict and we think the jury got it right," Montoya said after the trial. "They (jury) were very quick on guilty and the punishment. It really has been a long time coming. Thirty-eight years in the making. We asked for 38 years. We asked specifically for that because that’s how long this case had been pending and how long she was able to get away with it,”

He added, “Obviously, in these kinds of cases, nothing is ever going to bring the deceased back, but I do think it was a very appropriate verdict and certainly more than we had requested.”

Defense lawyers declined to comment after the trial.

In closing arguments, defense lawyer Richard Esper asked the jury to sentence her to probation.

"An eye for an eye is not always a proper sentence," Esper said. "We have a woman who has reached the mortality rate for a women. ... You will decide if she dies in prison or not. A sentence of five years' probation means she will likely die (on probation). A prison sentence means she will more than likely die without ever getting out. Any prison sentence is a life sentence."

He added, "Prison is harsh for those that are young and strong. For someone old and weak, it can be excruciating."

Prosecutor Denise Butterworth had said that age should not be a factor in sentencing and that the crime itself is what should determine whether Garrett should go to prison.

"What punishment would she get on community supervision (probation)?" Butterworth said during closing arguments. "It would mean she would go home and go back to living her normal life. She would just have to check in with a probation officer every now and then."

Butterworth asked the jury to sentence Lisbeth Garrett to a minimum of 38 years in prison.

"You (the jury) are punishing a 76-year-old due to her own actions," Butterworth said in her closing argument. "This is not a probation case and it wasn't in 1977."

She added, "All of the reasons why you (the jury) are having to punish a 76-year-old is because of her actions. We are asking for 38 years, because it has been 38 years since the crime was committed."

Lisbeth Garrett, who was a teacher at Eastwood High School for about 20 years, and her son, Roger Garrett, beat Chester Garrett with a baseball bat and stabbed him several times in their garage in January 1977, according to court testimony.

Chester Garrett's body was found inside an abandoned Volkswagen Beetle in a desert area in far East El Paso, according to testimony.

El Paso County Sheriff's Office officials reopened the investigation into Chester Garrett's death after Patrick Garrett reached out to them with new information.

Roger Garrett, Patrick Garrett's stepbrother, was sentenced to 40 years in prison in 2013 after he was convicted of murder in Chester Garrett’s death.

During the sentencing phase, Chester Garrett's sister, Jackie Connor, testified about the impact her brother's death had on her and their family.

"I emotionally shut down," Connor said. "I couldn't express my feelings. I was angry. I was bitter. I was confused. I was lost."

She also said that their mother broke down at Chester Garrett's funeral when she was handed the U.S. flag and never recovered from his death.

"It broke up her marriage. She started drinking and she shut down," Connor said.

Connor also testified about Chester Garrett's military career. She said he was awarded a Purple Heart, a Bronze Star Medal and a Silver Star Medal.

Defense lawyers only called two witnesses to the stand — a probation officer who testified on the conditions of probation and a private investigator who testified on Lisbeth Garrett's character.

The private investigator, Gustavo Monroy, testified that Lisbeth Garrett had no prior criminal record and was always friendly and courteous.

Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @amartinez31 on Twitter.